2019 QCCQ 14436, 2019 QCCQ 14436

Protection de la jeunesse — 194436 2019 QCCQ 14436 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000413-197 DATE : April 17, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 child and A (deceased) B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 17, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the father fails to provide the child with the appropriate supervision or support. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of one year. [ 4 ] The father is absent but was duly notified. [ 5 ] The child’s attorney is agreeing with the Director’s plan, except for the recommended reintegration period.

Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 7 ] Should the Tribunal authorize the child’s reintegration to the father’s care? Context and Analysis [ 8 ] The father has a history of alcohol abuse. He often lives in the bush. His home is not adequate for a child. [ 9 ] In April 2018, the mother passed away.

Following his mother’s death, the child went to live with an aunt until the summer when he went to reside with his father. [ 10 ] The child’s older sister, Y and his great-aunt C confirmed that, on August 13 th , 2018, the father drank to the point of intoxication. He denies this, stating that he had consumed marijuana but was not drunk. The child was removed from his care and entrusted to Y in Town A.

[ 11 ] On January 25, 2019, as the child was removed from his sister’s care for similar reasons, he was placed in a foster family. [ 12 ] On February 4, 2019, the Tribunal ordered the provisional compulsory foster care of the child in a foster home. [ 13 ] On March 4, 2019, the child was transferred to the foster home of his uncle D and wife E. He adjusted well to this new environment. [ 14 ] On March 28, 2019, the Tribunal maintained the child in a foster home until April 17, 2019. [ 15 ] At this point, the father is not in a position to care for the child. He does not have a home of his own.

He does not consider needing treatment for his substance and alcohol use. He collaborated minimally with the youth protection worker. Between September 2018 and March 18, 2019, he only met the worker on two occasions. [ 16 ] The Director has not presented any evidence that would support the child’s reintegration to the care of his father. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 o iii of the Youth Protection Act ); [ 19 ] ORDERS that the child remain in a foster home for a period on one year; [ 20 ] ORDERS that the contacts between the child and his father be determined by the Director of Youth Protection as for frequency and modalities; [ 21 ] ORDERS that the father remain sober in the presence of his child and ensure that the child is not exposed to anyone under the influence; [ 22 ] RECOMMENDS that the father be assessed by a NNADAP worker and follow the recommendations; [ 23 ] ORDERS that the father fully collaborate with the Director, meet with the Youth Protection worker upon request and inform the worker of any changes in his situation within 24 hours; [ 24 ] AUTHORIZES that the Director of Youth Protection to obtain information from all services providers working with the family regarding frequency and attendance; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] THE WHOLE for a period of one year; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 22, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Date of hearing: April 17, 2019